California Legal Blog – A Deep Dive Into Issues That Affect Your Life - Page 3

What is a "diminished value claim" after a car accident in California?Watch this video on YouTube A diminished value claim, if successful, allows you to get compensation for the difference in the value of your vehicle before versus after an auto accident. Five key things to know about diminished value claims in California are: what …

Holiday Pay in California – Do Employers Have to Pay for Holidays?Watch this video on YouTube Like most U.S. states, California companies are not required to pay overtime/premium pay (“holiday pay“) to employees who work on holidays. Instead, employees earn their regular rate of pay (“straight-time pay”) as they do on any other day. There …

Do car salespeople get paid hourly?Watch this video on YouTube California car salesmen classified as non-exempt employees are not entitled to an hourly wage. Most are paid on a commission basis or at a “piece rate,” though some also make an hourly wage in addition to commissioned earnings. Whether you get paid through commissions or …

The general rule is that California employers cannot take away wage payments.1 This includes sales commissions that have been earned.2 However, employers can carve out exceptions to this rule in the commission agreement, which is an employment contract. These exceptions in the employment agreement have to be tied to the employee’s sales, rather than general …

While federal law does not require a meal or rest break in a 5-hour shift, some state laws do. Many states, however, only guarantee a meal break for shifts longer than 5 hours. While rest break are paid, meal breaks are usually unpaid. If your employer does not provide a mandated break, you can file …

Holiday pay is not mandatory in California. However, many employers provide it in their employment contracts. When they do, you are contractually entitled to it. Do any laws require premium or overtime pay for work done on holidays? Not in California. Holiday pay is only mandatory for certain workers in Rhode Island,1 and some employees …

How to Get PAID for Your Vacation Time — Shouse Labor Law AttorneysWatch this video on YouTube In California, you can “cash out” vacation time when you’re discharged, or even while you’re still working. Once vacation time is accrued, your company owes it to you as a form of wages. Because vacation time is a …

Job Abandonment in California — "When Can I Be Fired For It?"Watch this video on YouTube In California, job abandonment is when you stop showing up to work, but without formally submitting a notice of resignation. The law does not specifically define how much work you can miss before your employer can lawfully treat you …

 As a hospital worker in California, you may have special overtime rules. If you are classified as an exempt worker, you are not entitled to overtime (time-and-a-half) pay unless your employer chooses to provide it. If you are non-exempt, you are entitled to overtime pay for working more than: 8 hours in a workday, …

In California, a split shift is a work day that is interrupted by unpaid time off work that is not a meal break. You have a split shift if you work in the morning, are given several hours off, then work again in the evening. You may be entitled to a shift split premium of …

If you are a non-exempt employee in California, you are entitled to overtime pay (1.5 times your hourly rate of pay) or possibly even double-time pay for working extra hours. This chart illustrates when non-exempt workers are eligible for overtime and double-time pay: Extra pay for non-exempt employees Work that triggers extra pay in California …

: As employees, you have rights during a workplace/human resources investigation. These can be especially strong if you are a public employee or have a collective bargaining agreement. Regardless, your employer must follow company policies during the internal investigation, such as: providing you with notice and an opportunity to defend yourself, and access to all …

What Is the Minimum Wage for Servers in California?Watch this video on YouTube In California, the minimum wage for servers in 2025 is $16.50 per hour. In some cities and counties, the minimum wage is higher. Unlike in some other states, servers and other workers in California are entitled to the minimum wage in addition …

 In California, marital status is a protected class under the Fair Employment and Housing Act (FEHA). This means that employers cannot discriminate against you based on your marital status. If you are fired, demoted, passed over, harassed, or otherwise retaliated against based on whether you are married, you have legal recourse under anti-discrimination laws in …

In California, your commission agreement controls when, or even whether, an employer is required to provide earned commission pay after your termination. Many California employers use forfeiture provisions that require you to be currently employed in order to receive your commission. Therefore, if you are terminated before you receive your commission, you forfeit it. If …

 Tip pooling is legal in California so long as the pool does not include managers who have the authority to hire or fire you. Managers can only join the tip pool if they do the same work as you. Here are four key things to know: Employers must distribute funds in the tip pool fairly …

In California, you may be entitled to protected job leave under state or federal law if stress impairs your ability to perform your job. This form of stress leave is generally unpaid. However, you may be entitled to paid leave under workers’ compensation or temporary disability benefits. If your employer takes an adverse employment action …

 To prove a case of wrongful termination, you generally have to show that your former employer’s stated reason for the discharge was false, and that your termination was for an illegal reason such as: unlawful retaliation, discrimination, a breach of contract, or a violation of public policy. What is wrongful termination? Wrongful termination occurs …

California Labor Code 2802 requires your employer to reimburse you for all reasonable expenses necessary for doing your job. This includes reimbursing you for any business-required use of your personal cell phone. You are entitled to a reimbursement that reflects a reasonable percentage of the actual cost of your cell phone bill. You are entitled …

Not Getting Paid Reimbursements? — California Labor Code 2802 ViolationsWatch this video on YouTube California Labor Code section 2802 requires employers to reimburse their workers for business expenses. Those business expenses include anything you spend in the discharge of your job duties or to follow your employer’s instructions. If you are not reimbursed for these …

What is the legal definition of "harassment" in California?Watch this video on YouTube In California, there are four primary types of harassment, each with its own legal definition: civil harassment, stalking, sexual harassment, and workplace harassment. In broad terms, each of these involves unwelcome conduct that is either severe or pervasive. Some conduct can fall …

What is the average wrongful termination settlement in California?Watch this video on YouTube Workers who prevail in a wrongful termination claim often get awarded between $5,000 and $100,000 in compensation. However, each case is different. There is no single “average” wrongful termination. Numerous factors can change how much a particular case is worth. Especially important is …